Personal Injury

You can claim compensation for medical costs, lost earnings, reduced earning capacity (via annuity or lump sum), household assistance, and pain and suffering — all aimed at restoring the financial position you would have been in had the injury not occurred.

Yes, you can claim compensation for lost earnings in Germany if a personal injury has reduced or eliminated your ability to work, under BGB § 252 (lost profit) and § 843 (annuity for lost earning capacity).

Insurance doesn’t replace the injured person’s right to claim damages under German law—but it typically pays the liable party’s compensation obligation, as required by § 249 BGB. The injured person claims directly from the liable party (or their insurer), not from their own insurance, unless specific coverage like private accident insurance applies.

Yes, certain family members in Germany can claim damages for wrongful death under BGB § 844 — including funeral costs, loss of financial support, and compensation for severe emotional distress.

Strict liability in Germany means a person is legally responsible for harm caused—even without fault or negligence—under specific laws like animal keeper liability (BGB § 833) or product liability (ProdHaftG § 1).

Children under 7 are never liable; those aged 7–17 may be liable only if they have sufficient insight—but their supervisors (e.g., parents) are usually liable under § 832 BGB unless proper supervision is proven.

In Germany, an employer is vicariously liable for torts committed by employees during work duties under BGB § 831 — unless they prove due care in selecting and supervising the employee.

Yes, as a pet owner in Germany, you are strictly liable for injuries or property damage your pet causes — unless it’s a working animal and you proved proper supervision.

Supervisors—like parents or caregivers—are legally liable for harm caused by minors or vulnerable persons under their care, unless they prove proper supervision or that the harm would have occurred anyway.

Minors under 7 are never liable; those aged 7–9 have limited liability for traffic accidents; those under 18 may avoid liability if lacking insight—but parents or guardians may still be held liable in equity under § 829 BGB.

§ 826 BGB holds someone liable for intentionally causing harm in a way that violates public morals — it’s a narrow, high-threshold exception to general tort rules.

Contractual liability arises from broken promises in an agreement (BGB § 280), while tort liability arises from wrongful acts harming protected interests like body or property—even without a contract (BGB § 823).

In Germany, state liability for official wrongdoing arises when a civil servant intentionally or negligently breaches an official duty owed to a third party, causing harm — but compensation is limited if the injured person could have avoided the damage through legal remedies.

Doctors in Germany are liable for medical malpractice under both contractual (BGB § 280) and tortious (BGB § 823) grounds if they breach their duty of care and cause harm through negligence or intent.

To prove medical negligence in Germany, you must show a breach of the physician’s duty of care (§ 276 BGB), causation between that breach and your harm, and resulting damage — with burden-shifting to the doctor in cases of gross error.

A tort claim in Germany requires (1) a wrongful act, (2) intent or negligence, (3) violation of a protected interest (e.g., life, body, health), (4) causation, and (5) actual damage.

In Germany, most personal injury claims under § 823 BGB must be filed within three years from the end of the year when the injured person knew (or should have known) both the injury and the identity of the liable party.

Contributory negligence (Mitverschulden) under BGB § 254 reduces your compensation if your own fault contributed to the injury — the reduction reflects your share of responsibility.

In Germany, property owners and occupiers must take reasonable steps to prevent foreseeable harm to visitors — a legal obligation called Verkehrssicherungspflicht — or face liability under § 823 BGB.

Pain and suffering compensation in Germany is not calculated by a fixed formula but determined case-by-case based on severity, duration, and impact on life—guided by precedent and capped by courts’ internal tables.